Sara Caplan's appeal is dead in the water.

The California Supreme Court ruled Wednesday that the erstwhile member of Phil Spector's defense team must testify for the prosecution in front of the jury or face jail time.

Los Angeles Superior Court Judge Larry Paul Fidler ruled June 18 that Caplan was in contempt for refusing to take the stand, although she had testified twice before during evidentiary hearings that she witnessed forensics expert Henry Lee pick up and pocket an object in the hallway of Spector's home on Feb. 4, 2003, the day after Lana Clarkson died.

Despite Lee's vehement denials of wrongdoing, Fidler ruled May 23 that Lee did pick something up, although whether it was a piece of fingernail, as the prosecution contends, he couldn't be sure.

Caplan, who argued that testifying would violate Spector's attorney-client privilege, is expected in court Thursday at 10 a.m. PT. If the prominent criminal attorney is ordered behind bars, her previous testimony could be read into evidence.

Meanwhile, Lee, who at one time was seen as a cornerstone of the defense's case, has been telling reporters that he may not testify after all, especially in light of all the negative publicity this trial has been sending his way.

The doctor told Connecticut's Hartford Courant two weeks ago that multiple other witnesses could cover the same testimony he was planning to supply—that the blood spatter and other physical evidence at the scene rules out Spector as the culprit—and that someone or other (he didn't specify) was out to get him before he took the stand.

Lee then told the Associated Press Tuesday that he was off to China and that it would "cost a lot" for the defense to bring him back.

"The bottom line is I did not take a fingernail," Lee said, speaking from the airport. "But they made it a smokescreen. A little thing became a big thing. What for?"

Lee, who the defense had been hoping to call to the stand as early as next week, said that he was going to Asia for a two-week lecture and teaching tour.

"I can live with my conscience," said the veteran trial expert, who has a forensics studies program named for him at the University of New Haven. "I didn't even know a fingernail was broken and I didn't find a fingernail…When they can't destroy the science, they try to destroy your reputation."

In front of the jury, the defense continued its assault against Clarkson's state of mind at the time of her death. Spector's camp is arguing that the 40-year-old actress, depressed about the state of her career, accidentally shot herself.

A former friend of Clarkson's testified Wednesday that she saw the Barbarian Queen star tearfully break down due to her financial and career woes.

"She had had it, she was exhausted—she was sobbing her eyes out," said interior designer Jennifer Hayes-Riedl, who stated that she knew Clarkson for about eight years. "How much more depressed could she be? No money, no anything, it was horrible. What do you say to somebody like that?"

"Those were her exact words—she had had it. She said, 'I've had it,'" Hayes-Riedl said, adding that Clarkson was in dire financial straits as far as she knew.

Clarkson had just ended a romantic relationship and was frustrated by her new $9 an hour job working in the VIP area at the House of Blues, Hayes-Riedl said.

"She had to pull out chairs for people she had beaten for roles years before," she added.

Clarkson "wanted to be famous more than anything," Hayes-Riedl said. "That was her thing. She always talked about it...She never gave up hope that it was going to happen...Getting old was not something she was excited about."

Hayes-Riedl also said today that Clarkson's depression was exacerbated by drug and alcohol use.

"She actually liked to drink and take pills," the witness said, describing Clarkson's alleged habit of mixing champagne or tequila with prescription meds. "She did that quite often."

Hayes-Riedl also testified that her friend knew her way around a gun.

"She worked on some movies where she had to use waepons and I know she had weapons training," she said. "I'm sure she used to go shooting at the Beverly Hills Gun Club."

Under cross-examination from Deputy District Attorney Patrick Dickson, Hayes-Riedl said that she would have characterized Clarkson as a "hopeful, inspirational" kind of person, but that the actress also had a "game face" to hide her true feelings.

"She was very, very, very depressed" about things," Hayes-Riedl said, "including her work, including men, including no children, including money. She worried about where she was going to get her jobs, her food."

Dixon inquired about the inspirational messages Clarkson had posted on her bulletin board at home, which states things like, "Live Your Dream Destiny" and "Aspire," suggesting that those were a sign of Clarkson's true demeanor.

"That's Lana in work mode," Hayes-Riedl said.

"When she had her game face on, she could make anybody believe she was happy," she continued. "When she didn't have her game face on, she was the saddest person. She could snap, she could fall apart, like the time in my house. She just crumpled. She could become a sad, pathetic person who didn't have any hope at all. We are all like that."

"People get up and they get down," Dixon agreed. "Basically, she was pretty hopeful?"

"She could be up," Hayes-Riedl said.

On redirect, defense attorney Roger Rosen said, "Nothing changes your opinion that she was the lowest you ever saw her?"

"Yes," Hayes-Riedl answered.